If you have lost a loved one due to the careless or negligent actions of another person, company, or entity, you should have the right to recover compensation for your loss. At Console & Associates, PC, our Newark personal injury lawyers are dedicated to helping families in these situations recover the compensation they are entitled to. Let our Newark wrongful death attorneys get to work investigating your case today.
What Is a Wrongful Death Claim?
The state of New Jersey defines wrongful death as a death that is “caused by a wrongful act, neglect, or default of another.” Under stipulation of the law, the conditions that caused the death must be such that, had the person not been killed, they would have been able to file a personal injury lawsuit against the negative party.
A wrongful death claim is not a criminal action against a defendant, but rather a civil case brought by surviving family members. While there can be a criminal case related to the civil action, that is not a requirement.
What Are Common Causes of Wrongful Deaths?
There are various ways in which wrongful death cases arise in New Jersey. Common causes of wrongful death in this state include:
Wrongful death claims in New Jersey are brought on behalf of the surviving family members, though these claims are typically filed by the personal representative or executor of the deceased person’s estate. Those who may receive compensation through a wrongful death case in New Jersey include:
surviving spouse, children, or grandchildren
surviving parents of the deceased
any surviving siblings, nieces, or nephews of the deceased
any person who is able to demonstrate that they were dependent on the deceased
In a New Jersey wrongful death claim, the surviving spouse or children come first. Only if there is no surviving spouse or children will parents and others on the list above be able to receive damages.
What Damages Can Be Recovered in a Wrongful Death Claim?
There are various types of compensation that can be recovered by surviving family members due to the loss of their loved one. This can include the following:
funeral and burial expenses
any pre-death medical expenses incurred by the deceased
loss of companionship, comfort, care, and guidance
loss of financial support that the deceased would have reasonably been expected to provide during their lifetime
loss of value of household services, including chores, childcare, cleaning, and more
What Is the Statute of Limitations for Wrongful Death Claims?
Every state sets a time limit, called the “statute of limitations,” that requires wrongful death claims to be filed within a certain amount of time. The statute of limitations for a wrongful death claim in New Jersey is two years. This means that family members of the deceased must file the wrongful death lawsuit in court within two years from the date the wrongful death occurred. Claims not filed within the two-year window will likely be thrown out.
If you need a Newark wrongful death attorney, you can turn to the team at Console & Associates, PC for compassionate and experienced legal help. Contact us via our online form for a free consultation of your case, or by calling (856) 778-5500.
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Console and Associates, P.C. is a top Personal Injury Law Firm that represents accident victims in NJ and PA in cases such as car accidents, motorcycle accidents, truck accidents, slip and fall injuries, and medical malpractice. Our personal injury attorneys are also investigating multiple national mass tort claims including hernia mesh, talcum powder and Zantac cancer, along with many potential class action lawsuits and Coronavirus COVID-19 lawsuits. While we strive to be the best personal injury lawyers in New Jersey & Pennsylvania, we are best known for our skill in seeking maximum compensation and for the compassionate manner in which we help our clients restore their lives after devastating injuries. Whether you live in Paterson or Jersey City, our experienced team of attorneys can help you get your life back. Serving you at our locations in Marlton, NJ, Newark, NJ and Philadelphia, PA. Call us at 866-778-5500 for a free consultation to see how we can help.
Results may vary depending on your particular facts and legal circumstances. This website is designed for general information only. No aspect of this website has been approved by the Supreme Court of New Jersey. The information on this site should not be construed as formal legal advice nor the formation of an attorney client relationship.